Colorado Wrongful Death Lawyer

Who can file a wrongful death claim in Colorado?

Colorado sets an order of priority based on time. In the first year after the death, the surviving spouse generally has the sole right to file; in the second year, the spouse, the children or other heirs, or a designated beneficiary may file.

If the person who died had no spouse and no children, the parents may bring the claim. Colorado allows only one wrongful death action for each death, so the person who files acts for every eligible family member. That rule prevents duplicate lawsuits but can cause tension when relatives disagree. We help families understand their rights and the best path forward before deadlines pass.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates the family for their own losses. A survival action is brought by the estate for claims the person could have pursued had they lived.

In Colorado, the survival claim generally focuses on financial losses before death, such as medical bills and lost earnings between injury and death. The wrongful death claim covers the family's loss of financial support, services and companionship, along with grief. Both claims are often pursued together, and the estate's personal representative usually brings the survival claim.

What damages can a Colorado family recover?

Colorado recognizes both economic and noneconomic losses, and noneconomic damages are subject to a cap. The amount depends on the evidence of what the family lost.

• Lost financial support the person would have provided.
• Lost household services, such as childcare and home maintenance.
• Funeral and burial costs.
• Grief, loss of companionship and emotional distress, within the cap.
• Medical expenses before death, often through the estate.

Because noneconomic damages are capped, the financial side of the case often carries the most weight. We work with economists to project the income and benefits the person would likely have earned over a full career, and with family members to describe the everyday help that is now gone, from driving children to school to caring for an aging parent. Tax returns, pay records and photos of family life all become evidence.

When a death resulted from conduct that Colorado treats as a felonious killing, different rules may affect the cap. These questions are highly technical, and our team reviews them case by case.

Does fault affect a Colorado wrongful death recovery?

Yes. The person who died is treated as if they were bringing the claim, so their share of fault reduces the family's recovery, and a finding of 50% or more bars it.

Suppose a pedestrian was struck while crossing a dark Pueblo street outside a crosswalk, and the driver was speeding. A jury values the family's losses at $1,000,000.

• Pedestrian 30% at fault: recovery of $700,000.
• Pedestrian 50% at fault: recovery of zero.

Evidence such as lighting, vehicle speed data and witness accounts can move these percentages substantially. For crash-related deaths, our Colorado car accident page explains the insurance coverage that often pays these claims, including UM/UIM.

How does a criminal case affect the civil claim?

They are separate. A criminal case punishes the wrongdoer and is brought by prosecutors; a civil wrongful death claim compensates the family and is brought by the family.

A conviction can help prove fault in the civil case, but an acquittal does not end it, because civil cases use a lower standard of proof. The civil filing deadline does not simply wait for the criminal case. Police reports, crash reconstruction and witness statements gathered by prosecutors can also become useful in the civil claim once they are released. Families should calendar the two-year deadline and talk with a lawyer even while charges are pending. If a public vehicle or agency was involved, written notice is generally due within 182 days, which arrives much sooner.

What are the first steps for a grieving Colorado family?

Focus on family needs first, then protect the claim with a few early steps.

1. Get several certified copies of the death certificate.
2. Keep records of medical bills, funeral costs and lost income.
3. Do not speak with the other side's insurer before getting advice.
4. Open an estate if needed so a personal representative can act.
5. Contact our team for a free, confidential case review. Our wrongful death practice and Colorado injury hub have more background.